TERMS OF USE

Ownership of the Site and its Contents

The Site is owned and operated by freeimages.com (“Freeimages”). All of the content featured or displayed on the Site, including things like text, graphics, data, designs, compilation of photographic images, and the selection and arrangement of the materials (the “Content”) that We provide are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property. Freeimages, its affiliates and/or its licensors own certain of the Content contained in the Site and you cannot use the Content except as specifically permitted under these Terms.

All Content made available for download on the Site CAN BE USED FOR FREE for personal and/or commercial purposes, subject to any limitations provided in the Terms, including any requirements notified to you at the time of download. Unless otherwise stated, you do not need to, but it would be appreciated if you credited the photographer or owner of the Content and Freeimages, as appropriate in accordance with the License Agreement.

Prohibited Uses

By using the Site you agree not to do any of the following:

1. (a) download, copy, or re-transmit any or all of the Site or the Content without, or in violation of, (as applicable) a written license or agreement with Us;
2. (b) use any data mining, robots or similar data gathering or extraction methods;
3. (c) manipulate or otherwise display the Site or the Content by using framing or similar navigational technology;
4. (d) register, subscribe, unsubscribe, or attempt any of that on behalf of any party for any Site product or service, if you are not expressly authorized by them to do so;
5. (e) reverse engineer, alter or modify any part of the Site or the Content;
6. (f) circumvent, disable or otherwise interfere with security-related features of the Site or any system resources, services or networks connected to or accessible through the Site;
7. (g) sell, license, lease, or in any way commercialize the Site or the Content without Our specific written permission, or with respect to the Content, without first significantly or meaningfully updating, modifying, or otherwise incorporating new creative elements into the Content beyond simple retouches, resizing, or other minimal changes (e.g., selling unaltered copies of photos, videos or other content), including selling the Content as prints or printed on physical goods;
8. (h) use the Site or the Content for any illegal purpose or in violation of any laws or regulations,
9. (i) violate or encourage others to violate third party rights, including the infringement or misappropriation of intellectual property rights;
10. (j) use the Site or the Content in any manner other than for its intended purpose;
11. (k) use the Site for the storage, publication and/or transmission of "junk mails", chain letters, unsolicited bulk e-mails, etc., or for any other purpose ("spamming");
12. (l) send any data or store any data on a Site data carrier which, by its nature (e.g. viruses), size or reproduction (e.g. spamming), is intended to impair or endanger the existence or operation of the Site and the Site data network;
13. (m) collect, store or use any personal information, including member names and profiles, about other users; and/or
14. (n) use or compile any Content from the Site to replicate a similar or competing service to the Site or contribute the Content to an existing similar or competitive service.

Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside.

Trademarks

Any of the Site logos, and any other product or service names or slogans contained in the Site are trademarks of Freeimages, its affiliates, suppliers and/or licensors, and may not be copied, imitated or used, in whole or in part, without our prior written permission or that of the applicable trademark holder. You may not use metatags or any other "hidden text" utilizing " Freeimages" or any other name, trademark or product or service name of Freeimages or any of the Site without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Freeimages its affiliates, suppliers and/or licensors and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Us.

Links

You may not use the Site or any logos or other graphics set out on the Site to link to the Site without our written permission. Also, you can’t frame any Freeimages logo or other proprietary information, without our written consent.

We don’t take any responsibility for the quality, content, nature or reliability of third-party sites you may access from the Site, or websites linking to the Site. We don’t control these sites, or its content, and We aren’t responsible for whatever is on those linked sites or any link contained in a linked site, nor any review, changes or updates to those sites. We provide links to you only as a convenience, and by doing so, We’re not saying there is any affiliation, endorsement or adoption by Us of any site or information on them. When you leave the Site, our terms and policies don’t apply any longer until you return.

Copyright Infringement Policy

In accordance with the Digital Millennium Copyright Act ("DMCA") (17 U.S.C. §512, as amended) and other applicable laws, We have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, account holders who infringe the intellectual property rights of the Site or any third party.

If you believe that anything on the Site infringes upon any copyright that you own or control, you can file a notification with our Designated Agent:

1. Copyright Agent
2. FREEIMAGES.COM
3. Almirante Harwood 6169
4. Montevideo, Uruguay
5. E-mail: hello@freeimages.com

Privacy Policy

We are committed to protecting your privacy. Please check out our privacy policy here (the “Privacy Policy”). The Privacy Policy is incorporated by reference into these Terms.

License Agreement

All Content is made available for you to download on the Site without charge for use in accordance with, and subject to, the License Agreement, which is located here and is incorporated by reference into these Terms.

Please note that the License granted to you does not include the right to use:

1. Trademarks, logos, or brands that appear in the Content;
2. People’s images if they are recognizable in the Content; or
3. Works of art or authorship that appear in Content.

You may need the permission or consent of a third party (e.g. owner of a brand, identifiable person or author/rights holder of copyrightable work depicted in the Content), depending on how you want to use the Content.

Registration Data and Account Security

You have the option of creating a user account on the Site so that you can use the various functions of that We offer. The opening of a user account can only take place with the agreement to these Terms.

When you use the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide to Us, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify Us immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account, including but not limited to, all applicable taxes and any applicable third-party fees (including but not limited to credit card fees, foreign exchange fees and cross border fees); and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to Us.

Uploading Content

You may upload your own Content to the Site, and We will screen these uploads to see if they are suitable for distribution.

When you upload Content to the Site, you grant Us and our affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, store, archive and otherwise use such Content throughout the world in any media. You grant Us and its affiliates and sublicensees the right to use the name that you submit in connection with such Content, if We choose.

You authorize Us to be your non-exclusive agent that licenses your Content FOR FREE to third parties. We will not license Your Content for uses that are defamatory, pornographic or otherwise illegal. We will not sell Your Content under any circumstances and not distribute them outside the Site.

You acknowledge that under no circumstances can you demand money or any other consideration from Us or those using Your Content for the use of such Content. You also acknowledge that Your Content may be used for promotional purposes for the Site or your gallery on the Site.

Furthermore, You acknowledge that We do not allow the upload of Content that infringes any copyright, property right, trademark or any other applicable right.

You are solely responsible for the Content you upload. By uploading Content, you are representing and warranting that you own all proprietary rights or are the authorized representative of the applicable copyright owner(s) of such Content, including copyright, in and to the Content with full power to grant the rights contemplated in these Terms. You represent and warrant that the Content that You post, upload, transmit, distribute, store, create or otherwise publish through the Site: (a) is not unlawful, libelous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ; (b) comprises in whole or in part, private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; (c) contains viruses, corrupted data or other harmful, disruptive or destructive files; (d) is objectionable or restricts or inhibits any other person from using or enjoying the Site, or which adversely affects the availability of its resources to other users, or which may expose Us or our users to any harm or liability of any type.

You also agree that where required, You have obtained a valid and binding model release from all required parties that will permit the uses for such Content contemplated in these Terms and that You will keep the original release and provide a copy to Us if requested. You also warrant that where required by applicable law, you have also obtained a valid and binding release relating to identifiable property contained in the Content that might sensibly lead to the identity of or be required by the owner of such property.

You acknowledge that even though We do our best to prevent it from happening, We cannot be held responsible for the misuse or abuse of any Content.

We also reserve the right to remove any approved Content that You upload at any time if we believe it is unlawful, libelous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable, defective, of poor quality or infringes on any rights. Serious copyright infringement issues such as uploading Content found on other stock photography sites result in the termination of these Terms, the termination of your membership, and all other available remedies.

Disclaimer. There is no reasonable way for us to monitor all of the Content that gets uploaded to or posted on the Site, and We are under no obligation to you or the other users to monitor, edit, or control the Content that you and other users upload or post to the Site. This means that we are not responsible for any Content on the Site and you agree not to make any claims against us on account of any Content. That said, we may at any time remove, edit, screen, or block any Content from the Site (without notifying you first) for any reason, including if we think the Content violates these Terms or is otherwise objectionable. When you use the Site, you will be exposed to the Content of other users, some of which may be offensive, inaccurate, or indecent. We may investigate claims alleging that Content violates these Terms and, in those cases, we alone will decide what actions to take (if any) regarding the Content in question.

Indemnification

You agree to defend, indemnify and hold harmless Us and our parent, subsidiaries, affiliates, licensors, content suppliers, and each of their respective officers, directors, employees, agents, third party information providers and independent contractors against any and all claims, damages, losses, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees and costs) arising out of or in connection with (i) your access and use of the Content or the Site; (ii) any content that you upload, post, store or otherwise transmit on or through the Site; (iii) any breach or alleged breach by you (or anyone acting on your behalf) of any of the Terms; (iv) your violation of any law or regulation; or (v) your violation of any rights of another, including any intellectual property rights.

Disclaimer; No Warranties

THE SITE, INCLUDING WITHOUT LIMITATION, (OTHER THAN THE CONTENT UPLOADED TO THE SITE BY YOU) THE CONTENT, IS PROVIDED "AS IS" AND “AS AVAILABLE” AND WE, OUR AFFILIATES, SUPPLIERS AND/OR LICENSORS AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE FUNCTIONS EMBODIED ON OR IN THE CONTENT AND OTHER COMPONENTS OF THE SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT US, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THE SITE OR THE CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR THE CONTENT ARE FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. We make reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but We make no representations or warranties as to its accuracy, correctness or reliability, including the accuracy of any keyword, caption or title to the Content, or of any metadata provided with the Content.

Unless specifically warranted by Us, We do not grant any right or make any warranty with regard to the use of names, people, trademarks, trade dress, logos, registered, unregistered or copyrighted audio, designs, works of art or architecture depicted or contained in the Content. In such cases, you are solely responsible for determining whether release(s) is/are required in connection with your proposed use of the Content, and you are solely responsible for obtaining such release(s). You acknowledge that some jurisdictions provide legal protection against a person’s image, likeness or property being used for commercial purposes when they have not provided a release. You are also solely responsible for payment of any amounts that may be due under, and compliance with any other terms of, any applicable collective bargaining agreements as a result of your use of the licensed content.

We also offer a search feature within on the Site. We explicitly disclaim any responsibility for the content or availability of information contained in Our search index or directory. We also disclaim any responsibility for the completeness or accuracy of any directory or search result.

Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

Limitation of Liability

IN NO EVENT SHALL WE, OUR RESPECTIVE DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INDIRECT, INCIDENTIAL, CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE CONTENT OR ANY COMPONENT THEREOF CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM THE SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE SITE OR OUR RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FREEIMAGES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE OR CONTENT EXCEED $100.

Applicable Law and Venue

These Terms will be governed by the laws of the state of New York, USA, without reference to its laws relating to conflicts of law. Any claim, dispute or controversy relating in any way to your use of the Site or the Content shall be settled by binding, confidential arbitration by a single arbitrator selected using the rules and procedures for arbitrator selection under the JAMS' Expedited Procedures in its Comprehensive Arbitration Rules and Procedures ("JAMS”) and shall be conducted in New York. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to the Terms, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, to the extent you have violated or threatened to violate Our intellectual property rights or the intellectual property rights of our affiliates and/or licensors, We may seek injunctive or other appropriate relief before any court of competent jurisdiction.

Termination

Any use of the Site in violation of these Terms may result in, among other things, termination or suspension of your rights to use the Site. Notwithstanding any of these Terms, We reserve the right, without notice and in our sole discretion, to terminate your account and/or to block your use of the Site. We may update, modify or discontinue the Site at any time without notice to you.

Changes to Terms

We reserve the right to change any of the terms and conditions contained in the Terms or any policy or guideline of the Site, at any time and in our sole discretion. When We make changes, We will revise the "last updated" date at the top of the Terms. Any changes will be effective immediately upon posting such changes on the Site. Your continued use of any of the Site following the posting of changes will constitute your acceptance of the updated Terms. We encourage you to review the Terms whenever you visit the Site.

Questions and Contact Information

Please contact us if you have any questions or comments about the Site or Terms.